Providers at Sensible Care do not provide court ordered treatment, and do not complete or submit third party forms/correspondence. In addition, providers do not participate in court related matters as expert witnesses, such as, but not limited to: divorce, custody matters, workers’ compensation/disability, and/or criminal matters. Providers, on occasion, may receive a subpoena to produce a patient record, to testify in court at a trial or hearing, or to appear at a deposition. Providers should seek assistance from their supervisor to determine proper response to a subpoena.

Sensible Care’s Internal Subpoena Response Procedure:

1. When Sensible Care or representatives of Sensible Care are served a subpoena for records, the first course of action is for our Compliance Manager/Custodian of Records to reach out to the patient (or one who holds privilege for the patient) in writing and inform them that a subpoena has been received. Our Compliance Manager/Custodian of Records will then confirm if the patient would like to assert privilege (object to release their records) or waive privilege (consent to release their records), and our staff will respond accordingly. If the patient is unavailable, or cannot be contacted, privilege will be asserted on behalf of the patient.

2. Our Compliance Manager/Custodian of Records will check the source of the subpoena: if a subpoena comes from a judge, the Compliance Manager/Custodian of Records must comply, as it has the power of a court order. 

FOR ALL STAFF - CRITICAL TO NOTE THE FOLLOWING:

1. Therapists, Prescribers, and other staff should never take it upon themselves to speak with any attorney or other person who requests communication and must follow outlined Sensible Care’s Subpoena Response Procedure (see workflow).

2. Therapists, Prescribers, and other staff should never take it upon themselves to produce any documents to any attorney or other person who requests communication and must follow outlined Sensible Care’s Subpoena Response Procedure (see workflow).

Providers at Sensible Care may provide letters* requested by their patients with information limited only to dates of attendance, diagnosis applicable to treatment only and/or symptoms, prognosis, and general progress of the patient. Providers must ensure that patient letters do not include opinions or recommendations. Consult with therapy leadership team for assistance with letter review if needed.  

*Letters will be charged a standard fee, as this is not an insurance covered service.